Militarized Police and Unpermitted Protest

Abstract

There exists a nexus between militarized police response and unpermitted protest. More specifically, there are three major causes of the militaristic/militarized police response to unpermitted protest conducted by citizens: (a) unpermitted protests present a threat to the police’s ultimate goal of order and control, (b) the militarized response is encouraged by the police leadership, and (c) the individual officers take personal pride and pleasure in equipping the specialized weapons. As a tool of critical analysis of this historical phenomenon, this work will utilize the ROCCIPI (Rule, Opportunity, Capacity, Communication, Interest, Process, Ideology) problem-solving methodology developed by Robert Seidman. The methodology addresses the problems of traditional doctrinal analysis by inquiring beyond the behaviors of the targets of a given rule. The Seidman analysis directs the researcher to identify how changes in the implementing agency’s behavior will affect the choices of the rule’s target. Currently, there exists no effective redress for protestors and demonstrators whose First Amendment rights are violated during encounters of protest with militarized police presence. As a result, there is an overwhelming need for legislation designed to increase police accountability to the citizens and provide for swifter prosecution of police abuses. While tailored for California, this legislation serves as model legislation for implementation in other states. If implemented, this legislation should help restore the power balance between protesting citizens and police agencies that violate their rights.